The court's determination of which parent, relative or other adult should hold legal responsibility for a minor under the age of 18. The policy of the state of Delaware is to assure that the health, safety, and welfare of children shall be the court's primary concern in determining the best interest of children when making any orders regarding the physical or legal custody of the minor. (Delaware Code: Title 13, Chapter 7, Section 722)
(a) The Court shall determine the legal custody and residential arrangements for a child in accordance with the best interests of the child. In determining the best interests of the child, the Court shall consider all relevant factors including: (1) The wishes of the child's parent or parents as to his or her custody and residential arrangements; (2) The wishes of the child as to his or her custodian or custodians and residential arrangements; (3) The interaction and interrelationship of the child with his or her parents, grandparents, siblings, persons cohabiting in the relationship of husband and wife with a parent of the child, any other residents of the household or persons who may significantly affect the child's best interests; (4) The child's adjustment to his or her home, school and community; (5) The mental and physical health of all individuals involved;(6) Past and present compliance by both parents with their rights and responsibilities to their child under § 701 of this title; (7) Evidence of domestic violence as provided for in Chapter 7A of this title; and (8) The criminal history of any party or any other resident of the household including whether the criminal history contains pleas of guilty or no contest or a conviction of a criminal offense. (Delaware Code: Title 13, Chapter 7, Section 722)
(b) The Court shall not presume that a parent, because of his or her sex, is better qualified than the other parent to act as a joint or sole legal custodian for a child or as the child's primary residential parent, nor shall it consider conduct of a proposed sole or joint custodian or primary residential parent that does not affect his or her relationship with the child. (Delaware Code: Title 13 Chapter 7, Section 722)
(g) In any case where there are living children of the marriage, the petitioner shall submit with the petition an affidavit signed by the petitioner showing that the petitioner has read or has been advised of the following children's rights, which shall be set forth in full in said affidavit: (1) The right to a continuing relationship with both parents. (2) The right to be treated as an important human being, with unique feelings, ideas and desires. (3) The right to continuing care and guidance from both parents. (4) The right to know and appreciate what is good in each parent without one parent degrading the other. (5) The right to express love, affection and respect for each parent without having to stifle that love because of fear of disapproval by the other parent. (6) The right to know that the parents' decision to divorce was not the responsibility of the child. (7) The right not to be a source of argument between the parents. (8) The right to honest answers to questions about the changing family relationships. (9) The right to be able to experience regular and consistent contact with both parents and the right to know the reason for any cancellation of time or change of plans. (10) The right to have a relaxed, secure relationship with both parents without being placed in a position to manipulate one parent against the other. (Delaware Code: Title 13, Chapter 15, Section 1507)
